The use of alternative dispute resolution mechanisms in public interest liti- gation brings both substantial and procedural advantages. They may im- prove the quality of public decision-making, foster the adoption of shared solutions, re-establish dialogue between parties whose relations are bound to last over time, contribute to moralisation by making clear agreements otherwise not intended to emerge, and finally, make the administrative judicial review more efficient by directing the demand for justice else- where. In addition, alternative dispute resolution mechanisms are in tune with the current changes in administrative law; there is a deep link be- tween droit souple and justice douce, between soft law and ADR, between non-traditional substantive law and alternative administrative judicial review. However, alternative justice is a phenomenon not yet sufficiently developed in public litigation, because of some debated issues in its use. Specifically, it is not easy to harmonise the very purpose of ADR to defini- tively settle a dispute with the perennial protection of public interest insti- tutionally entrusted to administrative authorities, as demonstrated by how the latter use the settlement. The introduction of a framework law on ADR in public interest litigation could solve some of the most dramatic issues, naturally maintaining the indispensable flexibility.

Per una giustizia amministrativa alternativa con particolare (anche se non esclusivo) riguardo alle transazioni pubblicistiche / M.M. Ramajoli. - In: GIUSTIZIA CONSENSUALE. - ISSN 2785-0994. - 1:1(2021), pp. 123-141.

Per una giustizia amministrativa alternativa con particolare (anche se non esclusivo) riguardo alle transazioni pubblicistiche

Ramajoli
2021

Abstract

The use of alternative dispute resolution mechanisms in public interest liti- gation brings both substantial and procedural advantages. They may im- prove the quality of public decision-making, foster the adoption of shared solutions, re-establish dialogue between parties whose relations are bound to last over time, contribute to moralisation by making clear agreements otherwise not intended to emerge, and finally, make the administrative judicial review more efficient by directing the demand for justice else- where. In addition, alternative dispute resolution mechanisms are in tune with the current changes in administrative law; there is a deep link be- tween droit souple and justice douce, between soft law and ADR, between non-traditional substantive law and alternative administrative judicial review. However, alternative justice is a phenomenon not yet sufficiently developed in public litigation, because of some debated issues in its use. Specifically, it is not easy to harmonise the very purpose of ADR to defini- tively settle a dispute with the perennial protection of public interest insti- tutionally entrusted to administrative authorities, as demonstrated by how the latter use the settlement. The introduction of a framework law on ADR in public interest litigation could solve some of the most dramatic issues, naturally maintaining the indispensable flexibility.
ADR; transazione
Settore IUS/10 - Diritto Amministrativo
GIUSTIZIA CONSENSUALE
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/2434/853950
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